Wednesday, 20 November 2013

Crackdown against Harassments

Singapore is getting tough on all forms of harassment, in particular online harassment

A review of legal provisions to address the issue could take place early next year, said Law Minister K Shanmugam.

He emphasised that conduct which is considered unacceptable in the physical world must also be resisted in the virtual world.

The
minister said he is considering a standalone harassment bill rather
than making changes to the current legislation because of the feedback
received.read more

Laws Needed In Online Sphere For Accountability, Says ShanmugamThe Government is not attempting to curtail freedom of expression,
but believes people should be held accountable for what they post
online, said Law and Foreign Minister K Shanmugam yesterday.The online environment, like the physical sphere, needs laws in order
to curb “child pornography, harassment of people to such an extent that
they commit suicide, cyber bullying (and) putting out falsehoods which
have no basis”, he added.Mr Shanmugam, who was speaking at The Straits Times Global Outlook
Forum, also dismissed suggestions that the Government is clamping down
on socio-political blogs and websites. Rather, it encourages responsible
discussion online, he said.read moreOnline harassment law to be tabled next year

Shanmugam cited a recent Reach survey which showed that the public
found the the law inadequate in dealing with online harassment. Over 80%
of the more than 1,000 Singaporean residents surveyed felt that online
harassment is a serious issue, and a similar number indicated they
wanted tougher measures in place to deal with harassment, both online
and off-line.

He also cited a 2012 Microsoft survey that found that Singapore had
the second highest rate of online bullying worldwide out of 25 countries
surveyed among youths aged eight to 17.

Together with China, which had the worst online bullying rates,
Singapore was the only other country surveyed where online bullying was
more pervasive than in the real world.

Harassment a rising worry, new laws to be tabled:
Law Minister K. Shanmugam

New laws
against harassment, whether online or in everyday life, will be tabled
by early next year in response to Singaporeans' concerns about this
growing menace, said Law Minister K. Shanmugam yesterday. -- ST FILE
PHOTO: AZIZ HUSSINNEW laws
against harassment, whether online or in everyday life, will be tabled
by early next year in response to Singaporeans' concerns about this
growing menace, said Law Minister K. Shanmugam yesterdaySpeaking to reporters on the sidelines of a conference on harassment,
he cited a survey by government feedback unit Reach that showed more
than eight in 10 Singapore residents polled last month were in favour of
tougher measures to deal with harassment, both online and offline.The same proportion of respondents also supported empowering courts
here to order that online comments be taken down if they cause distress
or alarm to others. The survey polled about 1,000 Singapore residents.

A Singapore court
convicted Colin Mak Yew Loong on Tuesday of charges relating to the
six-year cyberstalking of U.S. singer Leandra Ramm, as well as other
charges.(Image: leandraramm.com)

Colin Mak Yew Loong, the Singaporean who
cyberstalked U.S. singer Leandra Ramm for six years, was convicted
Tuesday of criminal intimidation, harassment, criminal trespass, and
theft in SingaporeThe 38-year-old Mak admitted to 31 counts of criminal intimidation
of Ms Ramm from 2005 to 2011.In addition to the charges of harassing the 29-year-old Ms Ramm,
Mak also admitted to 11 other offences, including intentional
harassment, criminal trespass, and stealing biscuits from a
kindergarten, said reportsread moreWHAT ABOUT HARASSMENT BY SPH, SHANMUGAM?

The Alternative ViewShanmugam
has tried to deflect criticism of the PAP's intention to clamp down on
internet free speech with more draconian laws under the pretext of
combatting harassment and trolling.The PAP's target, he claims, was those who hide behind a cloak of anonymity to make untrue claims."Why should people be uncomfortable expressing their views on political and social issues?" he asked.read moreSHANMUGAM: SINGAPOREANS WANT TOUGHER LAWS CONTROLLING ONLINE COMMENTS

The issue of harassment online was raised at the Institute of Policy Studies (IPS) conference on harassment on MondayIt was raised by some people at the
conference that there should be stricter laws to deal with false online
comments about individuals as well as postings which alarm or distress
others.Generally, the current remedies at law
for people affected by harassment and bullying are not considered to be
adequate by those in attendance at the conference.

Law Minister K Shanmugam had commented
that there is a possibility of implementing tougher laws to control
harassment online. However, he said that he prefers to use the law only
as a last resort and other, self-help measures should be used first.

SHANMUGAM: RESTRICTING ONLINE WEBSITES DOES NOT RESTRICT FREEDOM OF SPEECHShanmugam said that the government is not trying to restrict the freedom of expression in Singapore. He was speaking at a forum yesterday and
spoke in relation to the new requirement for users to log in before
commenting on government feedback portal REACH.The new restrictions are expected to be
implemented from mid-December and were announced by PM Lee as a way to
have more responsible online discussion.

The topic of new media, cyber security
and online comments has been a hot issue for the MPs and ministers
lately with several leaders expressing the need to put more emphasis on
controlling internet discussions. Chua Chu Kang MP, Zaqy Mohamad, said on
Sunday (24 Nov) that Singapore is currently considering tougher laws to
deal with online harassmentHe also mentioned that any changes to the law would need to be implemented with increased education on internet engagement.read moreNicole Seah: I suffered a meltdown this year

Yahoo Newsroom/Marianne Tan - Nicole Seah speaks at a rally for
presidential candidate Tan Jee Say in this file photograph. (Yahoo file
photo)"I was only cheating myself," she wrote, revealing also that she was
constantly being stalked with threats of rape and death, and the
combination of all these things triggered the start of her meltdown.

"Feared
for my family's safety because I was constantly being stalked with rape
threats, death threats, people knowing my exact address."

"I was on the verge of snapping. That was when my meltdown began."

Read her reflection in full hereread moreTaking a stance against online harassment

Jeraldine Phneah – SourceEarly next year, the Singapore government will be reviewing legislation to address the issue of online harassment. This move is supported by legal experts and over 80 percent of the respondents in a REACH survey. K Shanmugam also pointed out that based on a Microsoft study, Singapore ranks second globally for cyber bullying.While some are worried that the terms ‘bullying’ and ‘harassment’ have been conflated, it is not as different. According to the US legal definition,
cyberbullying is “Communication technology is used to intentionally
harm others through hostile behavior such as sending text messages and
posting ugly comments on the internet”. They define it as part of cyber
harassment which is the use of communication technologies to “harass an
individual or group through personal attacks” through “posting on blogs
or social networking sites”. While netizens have the right to their
views and to disagree, if such actions cross the line to uncivil
behaviors like personal attacks and derogatory remarks, it becomes
unacceptable.

Protecting the individual’s safety and dignity - Although western countries with strong beliefs in Freedom of Speech
like the USA, United Kingdom and Australia have rolled out attempts to
criminalize cyber harassment, some still hold misconceptions that
measures against online harassment goes against their rights to freedom
of expression.

Technology as a double-edged sword is
now common wisdom. Social media, instant messaging and file-sharing
sites have become fertile grounds for disseminating information.
While Internet technologies have been harnessed for public good, they
have also given rise to undesirable behaviours with devastating
consequences.

Recent incidents include a student from a local
university who became the target of vile attacks on Facebook after
she criticised the university’s financial aid system, and a
grassroots volunteer’s personal particulars, including his mobile
number and his child’s information being posted online.

Singapore’s first case of online harassment with fatal
consequences was recorded in 2010. Then, a student from Myanmar
committed suicide after her ex-boyfriend wrote cruel insults on her
Facebook page.

Microsoft’s 2012 study
found that out of the 25 countries surveyed, Singapore was the
second-highest in terms of cyber-bullying. Harrowing accounts of
cyber-stalking and harassment have emerged from other parts of the
world, sometimes with truly tragic ends. I don’t think many people would
agree that cyber-harassment – especially when it targets minors who
have done nothing to put themselves in the public sphere – needs to be
looked at.

But figuring out how to manage this issue is not easy. The Microsoft study itself recognises this when it says:

“...what is seen as cyberbullying can vary between
different cultures, and even among different individuals. In addition,
cyberbullying, as a term, is not recognized worldwide.”

Dealing with cyber-harassment is a matter of balancing the
need to protect individuals with the important principle of free speech.
With no concrete definition of cyber-bullying or harassment, it is not
always clear where to draw the line.read moreHarassing your harasserWorkplace sexual harassment only became relevant to this working girl
when I entered the workforce. Not so much because it didn’t exist
previously, but because I just wasn’t thinking much about it. Which is a
good thing, because it meant that I didn’t have much reason to think
about it.There are many for whom sexual harassment cannot be ignored. What if
you go to the office every morning trying to avoid your colleague who
has been trying to hug and kiss you for the past few months? What about
the manager who thinks you’re a “real nice girl”, makes lewd comments on
your appearance, and gets a little too physical with you? And (perhaps)
the worst case scenario: What if you’ve been forced to perform sexual
favours on your boss, who makes threats to fire you and generally ruin
your life if you don’t comply?The thing about sexual harassment in the law now is that there is no
one law that applies to it. If the incident happens in the workplace, it
might be breaching the penal code. If it happens online, maybe there’s
something under the Computer Misuse and Cybersecurity Act that applies
to it. And if it happens at home, between family members, there’s a bit
in the Women’s Charter that might be relevant.

In a 25-country survey conducted last year, Microsoft found that
Singapore has the second-highest rate of online bullying among those
aged between eight to 17; first place being China.Singapore law minister said on November 18th "the anonymous, borderless, viral and permanent nature of cyberspace makes harassment and bullying easier and more egregious.”New laws against harassment and bullying, whether online or in real
life, will be tabled soon in response to Singaporeans’ concerns about
this growing menace.read moreDo anti-online harassment laws mask real intent of the Govt?“Satisfied people don’t have time to go onto the Internet. Unhappy people often go there,” said PM Lee Hsien Loong at a forum yesterday . This comment seems to be the latest sign of the PAP-government’s belligerent attitude towards the online world.This comment by PM Lee was reported as part of the current spate of
news reports, editorials and letters published in MSM – all seemingly
aimed at demonising the online world and drumming up support for our
government’s move to introduce new laws against cyber harassment. Many
of the govt officials, reporters and letter writers cited the dubious
survey by REACH (the govt’s feedback arm) to claim that 8 of 10
Singapore “residents” want tougher rules against online harassment.I am against cyber bullying but I also believe many people may be supporting this move
without being aware that the PAP-Govt could be using this as an
opportunity to a) attack the credibility of the online world to diminish
criticisms of the PAP and b) to tighten the laws such that netizens
will have more fear and lesser freedom online to criticize incompetent
PAP leaders, flawed national policies and the Party.read more

Crackdown against online harassment: govt must be transparentLaw Minister K Shanmugam has said that a review of legal provisions
to address the issue of online harassment could take place early next
year, and that conduct which is considered unacceptable in the physical
world must also be resisted in the virtual world. According to a 2012
survey by Microsoft, Singapore had the second highest rate of online
bullying of youths aged 8 to 17, just behind China.Mr Shanmugam said he prefers to use the
law as a last resort to deal with harassment cases, and that ideally,
self-help should come first, where there are appropriate avenues for
corrections or clarifications.

Without further details however, I remain cautious as to the
direction the new legislation will take, how effective they will be in
curbing cyber-bullying, and whether they will be abused to silence free
speech and legitimate criticism of government policies or the political
system

I have always felt that much of the good behavior we see in public are
not from the heart but only to look good. So cocooned away from each
other in bodies of steel we are terribly rude to each on the roads. But
if we bump into each other accidentally in a crowd we are quick to say
sorry. However nothing show our true and ugly side than our online
personalities.Now to be practical, we are going to strengthen the laws against harassment, especially online.I am glad that my children do not have a wide circle of superficial
friends. I have noticed that many such friends are worse than enemies.
The painful dawn comes when they betray you online. To the folks at MOE,
this is evidence that years of moral education has gotten us nowhere
but I think Heng Swee Keat is taking this more seriously than ministers
before and I hope he succeeds.read moreTime to protect victims of cyber-harassment in Singapore

A difference in two landmark cases on the tort of harassment in
Singapore suggests that it’s time for the government to reform the law.Recently, AXA Insurance went to the High Court to seek an injunction
to prevent a disgruntled customer from harassing their staff. AXA
claimed that the former customer was sending abusive correspondence to
its staff. In dismissing AXA’s claim, Justice Choo Han Teck declined to grant
the injunction on the basis that the law as it stands does not provide
for an award for a civil remedy in harassment. He took the view that
Parliament is better placed to introduce such laws, and was hesitant to
judicially introduce an amorphous tort of harassment.Justice Choo’s approach is a departure from the last landmark case on harassment in Singapore. At the turn of the century, in 2001, Justice Lee Seiu Kin decided the
case of Malcomson v Mehta. The case granted injunctive relief to a
Malcomson, an employer who was being stalked and harassed by an
ex-employee, Mehta. Mehta used emails, SMSes and phone calls and
trespassed on Malcomson’s property. Most alarmingly, Mehta sent a card
with a picture of a baby rattle on the death anniversary of Mehta’s
infant child.read more

New Laws ComethThe Law Minister has announced Government plans to put up new laws to
better protect people, not against bad laws, but for "victims of
harassment, both in the real world and online." These will be
implemented either in the form of new legislation or amendments to
existing law. Article 9(3) of the Constitution of Singapore will
probably not be amended:

“Where a person is arrested, he shall be informed as soon as may be of
the grounds of his arrest and shall be allowed to consult and be
defended by a legal practitioner of his choice.”

What you can bet on is that the wording will be similarly crafted. For
instance, they are already contemplating that courts should be given the
power to order that online comments be taken down if they "cause
distress or alarm to others." This is obviously adding clout to Yaacob
Ibrahim's proposed internet licensing rules. It also means halting
further queries about the unsettling and unsettled transaction between
A.I.M. and PAP town councils, a subject that must surely cause distress
or alarm to Teo Ho Pin and associates.read more

Big Internet Names Blast MDA’s Licensing RulesThe Asia Internet Coalition
(AIC), which comprises Google, Facebook, eBay, Yahoo and Salesforce,
blasts our Media Development Authority’s (MDA) new licensing
requirements for Internet news sites. A strongly worded letter sent by
the AIC on 14th June criticised the new regime as having “onerous,
regressive and untenable” conditions, and being “unwarranted and
excessive”, among other things.There is basically nothing wrong with the previous rules. Yet the
government, for reasons we cannot comprehend, felt it necessary to
introduce new rules.At times I don’t know whether I should feel sad for our government.
In this day and age, they still think they can exert some form of
influence or control over Internet content. You can’t censor the
Internet. Publishers can take their content elsewhere. Readers will
follow where the content goes.read more

STOMPer I wanna sleep
was left incensed by a wedding procession who disrupted the peace in
her neighbourhood during the wee hours of Sunday morning by honking the
horns of their vehicles, revving the engines and also blaring a siren.In her report, STOMPer I wanna sleep wrote: "Wedding proceedings at 1.00am in the morning?"The groom chose to make a grand entrance with his newly-wed wife by
the massive blasting of horns, revving of engines and even a siren in
the neighbourhood at that time."read more

Another Amy Cheong? Young mother complains about noise from Malay wedding

Jacqueline Wong's (left) post online about the noise from a Malay
wedding is similar to the Amy Cheong (right) incident which happened
last OctoberAnother Amy Cheong in the making? A young mother has been bombarded by
netizens for racial discrimination after she complained about a Malay
wedding at her void deck, reported Lianhe Wanbao. One netizen even
allegedly made a police report.According to the report, there was a Malay wedding at the block where
20-year-old Jacqueline Wong lives. The celebrations reportedly caused
her new-born baby girl not to get any sleep, thus prompting her to rant
on social media site Facebook on Thursday evening.She wrote: 'Another malay wedding under my block againnnnn! all th
knocking since early morning! now thy are setting up th scene. then thy
gonna make sooooooo much noises cooking till midnight. then again
sooooooo much noises on th wedding day. no peace for at least 3days! god
damn it. even my baby can't haf her afternoon nap. i wonder who started
th "malay wedding at hdb" thing. nv see other races doing so too?
inconsiderate max.' (Note: This is from her original post)related:

read moreJacqueline Wong: Another Amy CheongAfter putting up the remark, Lianhe Wanbao said the post garnered much
attention with netizens calling her disrespectful. The evening daily
also said some people even reported her post to the police.In a similar case in October 2012, former NTUC Membership Partnership
& Alliance assistant director Amy Cheong posted an expletive-filled
racist rant on Facebook about the noise coming from a Malay wedding held
at her void deck, reported local news mediaread more

Why Malay weddings are held in void decks

It is common for Malay weddings to have a guest list of at least 1,000 guests per venue.The reason for this is cultural as well as historical. In Malay
culture, a wedding is a grand celebration hosted by usually the parents
of the bride and groom. The bride and groom will usually hold separate
wedding receptions, so if you are friends with both, you might have to
attend both events!In the past, a Malay wedding is hosted at the home or in a tent near
the house compound. But as the size of a HDB unit is insufficient to
accommodate so many guests, the next best thing is to host it as close
to the home as possible, which is at the void deck or in a large tent in
an open field.read moreRacist rant: Amy Cheong gets stern warning from
policeFormer NTUC assistant director of membership Amy Cheong. -- PHOTO: COURTESY OF AMY CHEONGTHE police have issued a stern warning to Miss Amy Cheong over her expletive-filled racist rant on Facebook last year.The 38-year-old Australian and Singapore permanent resident, who has
returned to her family home in Perth, confirmed to The Straits Times
that she received an e-mail from the police last week informing her of
the closure of her case file.Miss Cheong, a former assistant director of membership at the
National Trades Union Congress (NTUC), made headlines last October after
she lost her job for posting the insulting message on her Facebook
page.read more